HomeMy WebLinkAboutPIP 98-06; Industrial Developments Inc; 1998-0657773; Notice of Restriction1738 DOC 7 1998-0657773
OCT 13s 1998 XL:!52 fW
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
City Clerk ,’ CITY OF CARLSBAD > 1200 Carlsbad Village Drive
Carlsbad, California 92008- 1989
OFFICIAL RlIam W DIEGO COUNTY RECORDER’S OFFICE GREm fm$HI aNgacu?DER : .
Space above this line for Recorder’s use
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: PIP 98-06
Parcel No. 209-083-01
209-083-02
209-083-03
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
Industrial Develorrments Incorporated, a corDoration , herein after referred to as the “Owner”,
as developer of certain real property situated in the City of Carlsbad, County of San Diego, State
of California.
RECITALS
A. The Owner is the developer and holder of the title to certain real property in the
City of Carlsbad, County of San Diego, California, more fully described as:
Lots 32, 33, 34, of Carlsbad Tract No. 74-21, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof No.
10372 filed in the office of the County Recorder of San Diego County,
April 13, 1982.
B. The property is located approximately 1 3 miles from the McClellan-Palomar .
Airport, City of Carlsbad, San Diego County (the “Airport”), operated by the
County of San Diego, through which are conducted certain aircraft operations on
and about said Airport and over real property in the vicinity of the Airport.
C. Owner has no control over the operations of the Airport, including the types of
aircraft, flight, the flight patterns of the aircraft, nor the frequency of the flights.
Noise Form #2 Rev. 03/27/95
. 1739
FORM: NOISE 2: 2 OF 3
D. It is the desire of Owner to give notice to any potential purchaser of the real
property of the air flight operation and the fact that purchasers may be subject to
overflight, sight and sound of aircraft operating to or from the Airport.
E. The purpose of this notice is to disclose to the fullest extent possible present and
future potential impacts of noise generated by all manner of aircraft including
public, military and private aircraft which will generate noise and other
environmental impacts.
NOW, THEREFORE, in light of the above Recitals, as developer and owner of the
property, does, for itself, and its successors and assigns, give the following notice:
1. Owner has and shall develop the property in accordance with Planned Industrial
Permit (PIP 9%06), approved by the City of Carlsbad, which approval includes
the requirement of the City of Carlsbad, that the development of the property is
consistent with the Land Use Element and Noise Element of the General Plan of
the City of Carlsbad.
2. That Owner has no responsibility or control over the operation of the Airport,
including without limitation, the types or number of flight operations, types of
aircraft (including jet aircraft), timing of flight operation, or frequency of flights.
3. That the flight operations to the Airport may create significant aircraft
environmental impacts affecting the purchasers, tenants and occupants of the
property and that purchasers, tenants and occupants of the property reside there
subject to such overflight, sight and sound.
4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented,
used, occupied and improved subject to this Declaration and Notice. This Notice
shall run with the property and shall be binding upon all parties having or
acquiring any right, title or interest in the property.
5. The purpose of this Notice is to disclose to the fullest extent possible present and
future potential impacts of noise generated by all manner of aircraft including
public and private aircraft which will generate noise and other environmental
impacts.
Noise Form #2 Rev. 03127195
1740
FORM: NOISE 2: 3 OF 3
Executed this 22nd day of September ,198 -.
*OWNER:
Henry D. Gregrorv (print name here)
President,J&ennational, Inc. (title and organization of signatory)
Greg J. Ryan
(print name here)
Assistant Secretary, Industrial Developments International, Inc. (title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice president AND secretary or assistant secrefaty must sign for
corporations. If only one officer signs, the comoration must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporafion)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Noise Form #2 Rev. 03127195
State of GEORGIA
County of GWINNETT
On September 22, 1998
Date
b&reme,Charlotte Robinson, Notary Public
Name and Title of Officer (e.g., “Jane Doe, Notary Public”) ,
personally appeared Henry D. Gregory, President & Greg J. Ryan, Assistant Secretary,
Name(s) of Signer(s)
@ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)H subscribed to the within instrument
and acknowledged to me that -they executed the
same in&j&&/their authorized capacity(ies), and that by
BBB!?r@their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
--
OPTIONAL
~&hWt County, Georgia My Commission Expires Oct. 6, 2001
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:
0 Individual
cl Corporate Officer
Title(s):
0 Partner - q Limited G General
0 Attorney-in-Fact
0 Trustee
J Guardian or Conservator
0 Other:
Signer Is Representing:
, q Individual
q Corporate Officer
Title(s):
0 Partner - 3 Limited 0 General
c1 Attorney-in-Fact
0 Trustee
’ 0 Guardian or Conservator
C Other:
Signer Is Representing:
I I I I I J
0 1995 National Notary Associaiion - 8236 Remmet Ave., P.0. Box 7164 * Canoga Park, CA 9130%7164 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627